Recent reflections of a former executive agency official illustrate the troubling role the White House Office of Information and Regulatory Affairs (OIRA) plays in reviewing all agency rules before they can be issued. In a new article, Lisa Heinzerling shares her perspective on OIRA review during her tenure at the U.S. Environmental Protection Agency (EPA). Notably, Heinzerling gives a first-hand account of how the White House interacts with agencies regarding rules, contradicting the story being told by former OIRA Administrator Cass Sunstein and challenging the unrecognizably rosy picture of rule reviews he spins. Indeed, Heinzerling identifies a number of problems with OIRA, including significant delays and a lack of transparency, that resonate with health and safety advocates.

On April 10, the Office of Management and Budget (OMB) co-hosted a two-day stakeholder session with the U.S. Chamber of Commerce as part of its annual High Level Regulatory Cooperation Forum. The forum provides an opportunity for members of the business community to tell American and European officials how they would like the standards and safeguards that regulate their activities to be "harmonized." For the business community, "harmonization" is generally viewed as an opportunity to move to the lowest standards, or in the language of free trade, to remove or reduce "trade irritants." The exchange at the forum was between business and government; few public interest representatives were allowed to participate.

Recently disclosed documents show that the Office of Information and Regulatory Affairs (OIRA) weakened a proposed Food and Drug Administration (FDA) food safety rule. During the regulatory review process, OIRA removed important safety testing requirements from the "preventative controls" rule, which were intended to prevent foodborne pathogens from entering the food supply. Unfortunately, this is nothing new. OIRA has a long track record of changing the draft rules it reviews, often weakening them to appease regulated entities. In this case, the public was made aware of the rule revisions only because FDA followed the requirement to disclose changes made during OIRA review.